Updated on 01.06.2017
1.1 These Terms of Online Sale (hereinafter referred to as “TOS”) govern the contract (hereinafter referred to as the “CONTRACT”) for the sale of the products (hereinafter referred to as “PRODUCT” or “PRODUCTS”) offered by Domina Skin Care S.r.l. – with registered offices in Via della Cooperazione snc, 04011 Aprilia (LT), CF / VAT number 02743870590 (hereinafter “Domina”) – through its web site www.skinlover.it (hereinafter “SITE”) to users of the SITE (Hereinafter referred to as “CUSTOMERS” or “CUSTOMER”).
2. EFFECTIVENESS AND MODIFICATION OF TOS
2.1 The TOS applicable to the sale of the Products are those published on the SITE at the date of the Order of the Products. The CUSTOMER will therefore have to check the applicable TOS at the time of purchase.
2.2 Some sales campaigns, depending on the specificity of the products, may be subject to particular sales conditions in addition to these TOS. These special conditions will always be included and accessible in the “description” section of the showcase via a dedicated link. The continuation of the purchase transactions will be considered as evidence of acceptance by the CUSTOMER of these special conditions, in addition to the TOS.
2.3 Domina’s mere tolerance or lack of objection to any failure by the CLIENT to comply with the contents of the TOS may not be interpreted as tacit acceptance of such default or as a will to derogate from the agreement between the parties. The CONTRACT is governed in all its aspects exclusively by the applicable TOS.
3. SALE PROCEDURE
3.1 The PRODUCTS offered on the SITE are subject to their actual availability.
3.2 The CUSTOMER intending to purchase the PRODUCTS must make such a wish by submitting a request directly to the SITE in the special section where, following the procedures indicated therein, he will send his purchase order and make the payment. The details of payment will be communicated and processed by Domina Skin Care S.r.l. – headquartered in Via della Cooperazione snc, 04011 Aprilia (LT).
The technical steps to be taken to conclude the Contract are as follows:
a) The CUSTOMER registers to the SITE by providing his / her data, an e-mail address and a password.
b) Registered CLIENT can buy in the “Online Store” where you can see and know the offers of PRODUCTS, the essential features of PRODUCT and the price; Will also be able to view the photographs of the PRODUCT, published for the sole purpose of illustrating the PRODUCT itself.
c) In the “Online Store” the CUSTOMER will be able to choose the PRODUCT to be purchased that will automatically enter the “Cart” section, where it is possible to know before the purchase and payment, the shipping costs and the amount of the order.
d) To confirm the order, the CLIENT, in the “Cart” section must click on “Finish the Order” and in the “Cashier” section you will need to enter the shipping address and any other useful data, including the details of your PayPal account; These data remain editable up to the final order forwarding, executable by clicking on the “Execute Order” button.
Payment can be made by check, bank transfer or PayPal system. The method of payment such as cash on delivery must have a charge of € 8.00. PayPal will be debited within 12 hours after the CUSTOMER sends the order confirmation.
3.3 The CONTRACT shall be deemed to have been concluded upon receipt by Domina of the payment of the consideration (except for the method of payment of cash on delivery). Once the payment has been received, Domina will send the order confirmation to the CUSTOMER by email (except for the paid payment method). However, the CONTRACT will be considered resolved if PRODUCT is not available as indicated in art. 4.3.
3.4 In the case of multiple orders, we will intend as many stipulated contracts as are the ordered products. The effectiveness of each contract is subject to the actual availability of the PRODUCT, according to the above art. 3.3 and the following art. 4.3.
3.5 The essential features of the PRODUCTS, the VAT included and the delivery costs are visible and known by the CUSTOMER at the time prior to the conclusion of the CONTRACT and before the payment. In particular, the essential features of the PRODUCTS can be viewed by accessing the appropriate section of the SITE called “Online Shop” where Domina, in addition to the description and the features of the PRODUCT, will also publish, if possible, photographs for the sole and sole purpose of representing the PRODUCT. Domina does not charge any fees or impose any fees for access to the SITE. CUSTOMER’S expenses are axclusively for Internet, as they are in the agreement between CUSTOMER and his/her Internet Provider, remaining Domina totally unrelated to that relationship.
3.6 Upon receipt of the purchase order, Domina will send to the CUSTOMER the order receipt, in English, containing a summary of the content of sales information and will proceed to the purchase order, except as it’s provided in the next art. 4.2.
4. RIGHTS AND OBLIGATIONS OF DOMINA
4.1 DELIVERY OF PRODUCTS: Except to the provisions of Art. 4.3, Domina commits to deliver the PRODUCTS to the address communicated by the CUSTOMER in the order of purchase, through the carrier responsible for their transport. Domina can not be held liable for errors in delivery due to inaccuracies or incompleteness in compiling the order of purchase by the CUSTOMER. Domina performs all over Italy, with the exception of the Republic of San Marino and the Vatican City. If the CUSTOMER intends to place a purchase order via SITE from abroad, it will be obligatory to provide a delivery address in Italy. Delivery is by express courier; Are not considered valid addresses for the delivery of the Post Boxes. No scheduled deliveries will be made on public holidays and on Saturdays.
4.2 The delivery of the PRODUCTS takes place within the deadline indicated in the order confirmation, and in any case within 30 days of the conclusion of the contract. Delivery costs are normally borne by the CUSTOMER.
4.3 Unavailability of PRODUCTS: Domina reserves the right to inform the CLIENT within 20 days of the purchase of the email address associated with its profile, if any of the products purchased are not available. In such a case, the CONTRACT will be settled and Domina will reimburse (on the PayPal account from the same for the purchase or on the bank account, upon notice of the details) the price and shipping costs (if the purchase concerned The only PRODUCT unavailable or, in the case of multiple orders, limited to the shipping costs specifically related to the PRODUCT not available). In the case of multiple orders, the unavailability of one or more of the ordered Products will never give the CUSTOMER the right to cancel the entire order.
4.4 Promotions: Domina develops promotional campaigns during defined time intervals. Domina reserves the right to interpret the terms of the promotions, extend it by communicating it in the ways and times it is due, or to exclude any participant in the promotions if any abnormalities, abuses or unethical behaviors are identified in their participation.
5. CUSTOMER’S RIGHTS AND OBLIGATIONS
5.1 The CUSTOMER is solely responsible for the truthfulness and correctness of the information and data provided to Domina and requested by the SITE, and undertakes to promptly notify any changes in the entered data.
5.2 Upon confirmation of the purchase order, the CUSTOMER declares: a) To have read, understood and accepted the TOS; B) to authorize Domina to process the personal data communicated at the time of purchase, and to transmit to Domina Skin Care S.r.l. (As indicated in Article 3) the personal data necessary for the processing of the payment according to the methods indicated.
5.3 DELIVERY OF PRODUCTS: When the carrier responsible for the carriage delivers the PRODUCTS to the CUSTOMER, the CUSTOMER has to check, in the presence of the carrier: (c) that the quantity and type of the products ordered corresponds to what is stated in the Transport Document; (D) That the packaging used for transport is intact, not damaged, wet or otherwise altered, even in the closing materials; E) The quantity and type of products delivered corresponds to what is ordered. Any abnormalities or disagreements must be immediately disputed to the carrier at the time of receipt of the Products by their indication in the delivery note.
5.4 Assistance: For any need for assistance or complaint regarding the PRODUCTS, the CUSTOMER will have to contact Domina at the addresses given in Section 11 of the TOS.
6.1 Warranty: In relation to PRODUCTS, Domina will respect the legal warranty of compliance with the terms and conditions set out in Art. 128 and ss. of Legislative Decree No. 206/2005, applicable to cosmetic products. In particular, in the event of a failure to comply, the CUSTOMER will be entitled to receive the refund of the price and shipping costs after a careful evaluation by Domina’s technical department of the product being tested.
6.2 The rights arising from the statutory guarantee of conformity may be exercised provided that the Products have been used properly, due diligence and respect for the intended use, of the preservation of the cosmetic product at temperatures not exceeding 25 ° C, as it’s explained in the provided accompanying information, as well as upon presentation by the CUSTOMER of the delivery note and the indication of the order number. Costs related to the return of the Products as a result of the exercise of the guarantee will be borne by Domina.
7. RIGHT OF WITHDRAWAL
7.1 The CUSTOMER has the right to withdraw from the CONTRACT without penalty and without specifying the reason for the receipt of the order confirmation sent by Domina and no later than fourteen days after receipt of the PRODUCT at the address indicated for delivery. In the case of orders involving more PRODUCTS, or PRODUCTS made up of lots or multiple pieces, the above term will be from the receipt of the last of the PRODUCTS or lots.The full proof of receipt the date reported on the delivery note.
7.2 If PRODUCT has already been delivered, the CLIENT is required to return it to Domina. To do this: a) the substantial integrity of the PRODUCT to be returned is a prerequisite for the exercise of the right of withdrawal: no open or damaged products will be accepted when not signaled to the courier but only those kept in the best state of preservation, complete with all the packaging elements to protect the product; B) the costs of returning the goods to Domina (Euro 6.90) are to be borne by the CUSTOMER, who will have to send the PRODUCT duly packaged; The CUSTOMER will have to put inside the packaging box a copy of the delivery document.
7.3 If the CUSTOMER exercises the right of withdrawal in accordance with the provisions of these TOS, Domina will refund the sums paid by the CUSTOMER (on the PayPal account from the same as indicated for the purchase or on the bank account). Refunds will be made for free of charge within 14 days from the date Domina becomes aware of the exercise of the CUSTOMER’s right of withdrawal. In case the CUSTOMER has chosen a more expensive shipping method than the standard offered by Domina (as indicated in the single campaign), Domina will be required to return the only cost of the standard shipping service, not the additional cost . Once the return is confirmed, Domina will schedule the withdrawal and will inform the CUSTOMER by email on the date and time at which it will be made. The shipping and packaging costs are borne by the CUSTOMER. Only if the delivered product is found to be defective or different from the one ordered, Domina will also refund the CUSTOMER’s shipping costs. Partial refunds will be subject to partial refunds. Domina will reimburse within 48 hours from the confirmation of arrival in the warehouse of the returned package. The visualization of the refund refund on the PayPal or bank account will depend on the circuit of the CUSTOMER’s Bank.
8. USE OF THE SITE
8.1 DESCRIPTION AND VISUALIZATION OF PRODUCTS: The descriptions of the PRODUCTS and the images on the SITE are the same as those made available by Domina. Photos and videos for presentation of the PRODUCTS with the descriptive information are published on the SITE with a descriptive pourpose. The quality of the images (for ex.in terms of exact visualization of the colors) may depend on software and computer tools used By CUSTOMER when connecting to the SITE.
8.2 Malfunctions: Domina assumes no responsibility for the problems caused to the CLIENT by the use of the SITE and of the technologies used because they are not self-intentional, such as: a) errors, delays or impossibilities in accessing the SITE By the CUSTOMER during the execution of the sales procedure; B) errors, delays or impossibilities in receipt by the CUSTOMER of the communications made by Domina regarding the sale of the Products.
9. INTELLECTUAL AND INDUSTRIAL PROPERTY RIGHTS
9.1 Domina informs that the SITE, its submission, as well as all the trademarks and distinctive signs used by Domina in connection with the sale of the PRODUCTS are protected by intellectual and industrial property rights and therefore it’s forbidden any form of reproduction, communication, distribution , publication, alteration, or transformation, in any manner whatsoever and for any purpose, of the contents of the SITE, the trademarks and distinctive signs used by Domina (such as, but not limited to, works, pictures, photographs, drawings, dialogues, presentations, music, sounds, videos, graphics, colors, features and design of the SITE).
9.2 Domina assumes no responsibility for the trademarks and other distinctive signs that appear on the products it sells on the SITE, in respect of which the CUSTOMER does not acquire any rights following the conclusion of the CONTRACT.
10. PROTECTION OF PERSONAL DATA
10.1 Domina owns personal data collected at the time of registration at the SITE, as well as those subsequently communicated at the time of purchase by the CUSTOMER. For information regarding the processing of personal data, including the rights under art. 7 of Legislative Decree no. 196/03, please refer to the detailed information already provided at the time of registration at the SITE and always there.
For any communication you can contact Domina at the following contact details:
Domina Skin Care S.r.l. – Via della Cooperazione snc – 04011 Aprilia (LT) – e-mail: email@example.com
In any case, the communications sent by the Customer will not be able to integrate the CONTRACT, which will always be governed by these TOS and, where applicable, by the Special Conditions applicable to the Sales Campaign.
12. APPLICABLE LAW
12.1 The law applicable to the sale of PRODUCTS is the Italian law. In particular, shall apply the provisions of Chapter I of Title III of Part III of the Consumption Code (Legislative Decree 206/2005).
12.2 Any disability of individual clauses in the CONTRACT or TOS will not imply the invalidity of the entire CONTRACT or TOS.